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" It is the will of a military commander operating without any restraint, save his judgment, upon the lives, upon the property, upon the entire social and individual condition of all over whom this law extends. "
Executive Power - Page 26
by Benjamin Robbins Curtis - 1862 - 34 pages
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DISCOURSE ON THE ASPECTS OF THE WAR

JAMES FREEMAN CLARKE - 1863
...Constitution gives to the Commander-in-Chief the power to declare martial law, which he thus defines: " The will of a military commander operating without any...condition of all over whom this law extends." But Mr. Curtis says, — "This power must have limits somewhere." His whole argument on this subject rests...
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The Progress and Intelligence of Americans

Marvin T. Wheat - African Americans - 1862 - 595 pages
...the coutrol of the laws of Great Britain. ' Bat there is also martial law. What is this 1 It is the will of a military commander, operating, without any...entire social and individual condition of all over whom the law extends. But, under the Constitution of th« United States, over whom does such law extend...
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Decision of Judge Leavitt, of Ohio, in the Vallandigham Habeas Corpus Case

United States. Circuit Court (6th Circuit), Humphrey Howe Leavitt - Electronic books - 1863 - 16 pages
...command to perform the duties assigned to him. Martial law is well defined by an able jurist to be "the will of a military commander operating without any...restraint, save his judgment, upon the lives, upon the persons, upon the entire social and individual condition of all over whom this law extends." It cannot...
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THE TRIAL

HON. CLEMENT L. VALLANDIGHAM, - 1863
...command to perform the duties assigned to him. Martial law is well defined by an able jurist to be " the will of a military commander, operating without any...restraint, save his judgment, upon the lives, upon the persons, upon the entire social and individual condition of all over whom this law extends/' It can...
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The Trial of Hon. Clement L. Vallandigham: By a Military Commission: and the ...

Clement Laird Vallandigham - Habeas corpus - 1863 - 272 pages
...military commander, operating without any restraint, save his judgment, upon the lives, upon the persons, upon the entire social and individual condition of all over whom this law extends." It can not be claimed that this law was in operation in General Burnside's department when Mr. Vallandigham...
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Progress and Intelligence of Americans: Whether in the Northern, Central, Or ...

Marvin T. Wheat - African Americans - 1865 - 595 pages
...from the control of the laws of Great Britain. But there is also martial law. What is this ? It is the will of a military commander, operating, without any restraint, save his judgment, upon tee lives, upon the property, upon the entire social and individual couditiou of all over whom the...
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History of the state during the war, and the lives of her generals

Whitelaw Reid - Ohio - 1868
...command tu perform the duties assigned to him. Martial law is well defined by an able jurist to be 'the will of a military commander, operating, without any...restraint save his judgment, upon the lives, upon the persons, upon the entire social and individual condition of all over whom this law extends.' It can...
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History of the state during the war, and the lives of her generals

Whitelaw Reid - Ohio - 1868
...command to perform the duties assigned to him. Martial law is well defined by an able jurist to be ' the will of a military commander, operating, without any restraint save his judgment, upon the liven, upon the persons, upon the entire social and individual condition of all over whom this law...
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A Memoir of Benjamin Robbins Curtis, LL. D.: Professional and miscellaneous ...

George Ticknor Curtis - Electronic books - 1879
...shield of known and fixed laws as to his liberty, property, and life, exists with a rope round hia will of a military commander operating without any...the United States, over whom does such law extend? neck, subject to be hung up by a military despot at the next lamp-post, under the sentence of some...
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A Treatise on Criminal Pleading and Practice

Francis Wharton - Criminal procedure - 1880 - 804 pages
...him to control of the laws of Great Britain. But there is also martial law. What is this? It is the will of a military commander operating without any...individual condition, of all over whom this law extends In time of war, without any special legislation, not the cominander-in-chief only, but every commander...
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